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A Treatise on the Right of Personal Liberty, and of the Writ of Habeas ...
Rollin C. Hurd
No preview available - 2010
act of Congress affidavit alleged appear application arrest authority bail bill brought charge Charter child Circuit Court citizen committed or detained common law Commonwealth confinement Constitution contempt conviction court or judge court or officer criminal or supposed custody defendant denied detention duty England entitled evidence Ex parte Bollman execution exercise facts federal courts felony grant the writ ground guardian habeas corpus act held House of Lords husband illegal imprisonment indictment inquiry judgment judicial jurisdiction jury King's Bench Lord magistrate Magna Carta ment offence opinion parent party Pennsylvania personal liberty petition principle privilege probable cause proceeding provisions punishment question reason refused relation remanded remedy restraint rule says SECTION secure sheriff South Carolina statute sufficient supposed criminal matter Supreme Court tion trial United void warrant of commitment wife writ of error writ of habeas writ of right
Page 105 - That the inhabitants of the English colonies in North America, by the immutable laws of nature, the principles of the English constitution, and the several charters or compacts, have the following Rights : Resolved, NCD 1.
Page 591 - If any person guilty of, or charged with, treason, felony, or other high misdemeanor in any State, shall flee from justice and be found in any of the United States, he shall, upon demand of the Governor or Executive power of the State from which he fled, be delivered up and removed to the State having jurisdiction of his offence.
Page 166 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause ; and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court. But if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void.
Page 127 - ... unreasonable searches and seizures of his person, his houses, his papers, and all his possessions. All warrants, therefore, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation; and if the order, in the warrant to a civil officer, to make search in suspected places, or to arrest one or more suspected persons, or to seize their property, be not accompanied with a special designation of the persons or objects of search, arrest, or seizure...
Page 147 - States shall have power to issue writs of scire facias, habeas corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions and agreeable to the principles and usages of law.
Page 115 - Permit me, Sir, to add another circumstance in our colonies, which contributes no mean part towards the growth and effect of this untractable spirit. I mean their education. In no country perhaps in the world is the law so general a study.
Page 88 - That levying money for or to the use of the Crown, by pretence of prerogative, without grant of Parliament, for longer time or in other manner than the same is or shall be granted, is illegal.
Page 128 - The people shall be secure in their persons, houses, papers and possessions from unreasonable searches and seizures, and no warrant to search any place or to seize any person or things shall issue without describing them as nearly as may be, nor without probable cause, supported by oath or affirmation subscribed to by the affiant.
Page 89 - That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; 11. That jurors ought to be duly impanelled and returned, and jurors which pass upon men in trials for high treason ought to be freeholders; 12.